PROVISIONS FOR THE MONITORING AND CONTROL OF AIDS

PROVISIONS FOR THE MONITORING AND CONTROL OF AIDS e State Bureau of Foreign Expert Affairs on January 14, 1988) This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document PROVISIONS FOR THE MONITORING AND CONTROL OF AIDS (Approved by the State Council on December 26, 1987, and promul- gated jointly by the Ministry of Public Health, the Ministry of Foreign Affairs, the Ministry of Public Security, the State Education Commission, the National Tourism Administration, the Civil Aviation Administration of China and the State Bureau of Foreign Expert Affairs on January 14, 1988) Article 1 These Provisions are formulated in order to prevent AIDS from entering, occurring and spreading in China so as to safeguard the health of the Chinese people.

Article 2 The objects subject to the monitoring and control of AIDS as defined in these provisions are: (1) victims of AIDS; (2) carriers of the AIDS virus; (3) suspects of AIDS and those who have close contact with persons as defined in Items (1) and (2) of this Article; (4) blood, hemoproducts, toxicostrain, biological tissue, animals and other articles that have been contaminated by the AIDS virus or may cause the spreading of AIDS.

Article 3 The health administrative departments at all levels shall be in charge of AIDS monitoring and control within their respective jurisdiction.

The public security organs, foreign affairs offices, Customs establishments, tourist agencies, education departments, aviation, railway and other transportation units as well as all the enterprises, institutions and social organizations shall help the health administrative departments in taking precautionary measures against the spread of AIDS.

Article 4 Upon arrival, any passenger who enters China shall fill in a health declaration card truthfully, and submit it to the health quarantine organ for inspection.

Article 5 When applying for entry visa, any foreign national who plans to settle down in China or stay (or study) in China for one year or longer is required to furnish the AIDS Serological Examination Certificate issued by a public hospital or by a private hospital notarized by the notary office in the country of origin and the said certificate must be authenticated by the Chinese Embassy or consulate in that country. The certificate shall remain valid for six months as of the date of issue.

Foreign nationals who fail to undergo AIDS serological examination in their home countries for lack of necessary conditions, must go to a designated professional health organ for the examination within 20 days after entry.

Article 6 Those foreign nationals who belong to the categories as defined in Items (1) and (2) of Article 2 in these Provisions shall be barred from entering China.

Those who are not allowed to enter China but have already arrived at a China border port, must leave the border as soon as possible by the same means of transport or a means of transport of the country where they reside. If necessary, China civil air, railways or other transportation departments shall make arrangements for their departure. Before they leave the border, they must be placed in isolation by the health quarantine organ at the border port.

Article 7 Any foreign nationals who stay in China and are found to be objects as defined in Items (1) and (2) of article 2 in these Provisions, the local health administrative department may request the public security organ to order them to leave China without delay.

Article 8 Chinese citizens who have settled down abroad or have stayed abroad for over one year (including those Chinese seamen working on foreign vessels) and who intend to resettle down in China or stay in China for over one year are required to go to a designated professional health organ for physical check up within two months after they return to China.

Article 9 All units and persons are strictly prohibited from importing or carrying in any articles as defined in Item (4) of Article 2 in these Provisions.

In the case of necessity, an application must be made to the Ministry of Public Health for examination and approval.

Article 10 The AIDS virus strain shall be kept and used by the units designated by the Ministry of Public Health. Without permission by the Ministry of Public Health, no unit or person shall be allowed to exchange, pass on or use the virus strain within China.

Article 11 Blood and hemoproducts must undergo AIDS antibody virus monitoring.

Carriers of AIDS virus are forbidden to donate their tissue, organs, blood and seminal fluid.

Article 12 The health administrative departments in all the provinces, autonomous regions and municipalities directly under the Central Government shall organize the monitoring of AIDS. The monitoring work shall mainly cover the following fields: (1) collecting, processing and analyzing information of AIDS incidence; (2) carrying out serological examination among the target groups of people; (3) making a survey and analysis of epidemiological factors.

Article 13 When conducting AIDS serological examination, any syringe used must be disposable. Other medical equipment must be thoroughly disinfected so as to guard against iatrogenic infection.

Article 14 As prescribed by the State, AIDS is an infectious disease that must be reported.

Article 15 When carrying out their official duties, if the civil administration organ, the public security organ and the judicial organs find any persons susceptible to the spread of AIDS, they must be sent right away to the health department to undergo AIDS examination.

Article 16 Medical units must keep close watch for AIDS cases among the visiting patients. If any suspect of AIDS is found, the case must be diagnosed, treated and reported without delay.

Article 17 Medical workers or health workers of preventive medicine or medical treatment shall, after making a definite diagnosis of an AIDS case or deciding on a case of AIDS suspect or a case of AIDS carrier, immediately report the case to the local health and epidemic prevention organ. The latter must report the case to the health administrative department at a higher level within twelve hours.

If any other people find any suspect of AIDS, it is required that they report the case immediately to the local prevention, medical or health organ.

No unit or person may conceal the case from or delay the report of the case to the organs concerned.

Article 18 When a health administrative department sends its officers to make an investigation of AIDS, the units or persons concerned are duty-bound to provide detailed information about the occurrence, spreading, metastasis of the disease and guarantee that the information is true and complete.

Article 19 The health administrative department must verify the reported information without delay. The material reported must include a diagnosis issued by a designated professional health organ.

Article 20 The nationwide information about AIDS incidence shall be released by the Ministry of Public Health.

Article 21 No unit or person may discriminate against AIDS victims, AIDS virus carriers or their relatives. No information about the victims such as their names, addresses, etc. shall be made public.

Article 22 Every unit or person must follow the precautionary measures taken by the health department for the purpose of preventing and checking the incidence of AIDS.

Article 23 When a hygiene organ, medical treatment organ or health organ has found a person who belongs to the category of people defined in Item (1) of Article 2 of these Provisions, it must place the person in isolation and send him/her to a hospital designated by the health administrative department for medical treatment.

Article 24 When a hygiene organ, medical treatment organ or health organ has found a person who belongs to the category of people defined in Item (2) or (3) of Article 2 of these Provisions, some or all of the following measures must be taken according to the prevention requirements: (1) detention for physical check up; (2) restriction on movement; (3) medical observation; (4) regular or irregular medical visits.

Article 25 The dead body of an AIDS victim or an AIDS virus carrier must be cremated locally.

Article 26 The units or individuals concerned shall, under the supervision and guidance of the health and prevention organ, exercise disinfection to the secretion, excretion of AIDS victims or AIDS virus carriers, and the articles and places, which they have come into contact with and which might have been contaminated. If necessary, the disinfection shall be conducted by the health and prevention organ itself.

Article 27 When the hygiene, medical treatment or health organs perform their duties as stipulated in Articles 23 and 24 of these Provisions, the public security organs and other units concerned shall offer assistance.

Article 28 Any unit or person that has committed any one of the following acts in violation of the Provisions shall be punished by the health administrative department in the form of a fine of no less than CNY 50 and no more than CNY 3,000 and shall be forced to take precaution, treatment and disinfection measures: (1) conceal the case of AIDS and evade examination; (2) spread AIDS with awareness that there exist AIDS cases or AIDS virus carriers; (3) withhold from declaring articles brought in at the time of entry as defined in Item (4) of Article 2 of these Provisions; (4) refuse to carry out the precaution and control measures against the spread of AIDS as defined in Articles 23, 24, 25 and 26 of these Provisions.

Article 29 For any violation of these Provisions that has resulted in the spread of AIDS or the danger of spreading AIDS, criminal responsibility shall be investigated by the judicial organs according to law.

Article 30 For the purpose of these Provisions, the definitions of the following terms are: (1) "AIDS" means acquired immunity deficiency syndrome.

(2) "AIDS victim" means a person whose reaction to AIDS virus antibody is positive and clinically a conditioned infection or malignant tumour is diagnosed.

(3) "AIDS virus carrier" means a person whose reaction to AIDS virus antibody is positive but with no symptoms of AIDS or without enough symptoms to be diagnosed as AIDS victim.

(4) "foreign national" means a person who does not have Chinese nationality as defined in "The Nationality Law of the People's Republic of China." Article 31 A fee shall be charged, according to relevant regulations, for the service of taking prevention measures and giving medical treatment or examination.

Article 32 The right to interpret these Provisions resides in the Ministry of Public Health.

Article 33 These Provisions shall go into effect as of the date of promulgation.

r deciding on a case of AIDS suspect or a case of AIDS carrier, immediately report the case to the local health and epidemic prevention organ. The latter must report the case to the health administrative department at a higher level within twelve hours.

If any other people find any suspect of AIDS, it is required that they report the case immediately to the local prevention, medical or health organ.

No unit or person may conceal the case from or delay the report of the case to the organs concerned.

Article 18 When a health administrative department sends its officers to make an investigation of AIDS, the units or persons concerned are duty-bound to provide detailed information about the occurrence, spreading, metastasis of the disease and guarantee that the information is true and complete.

Article 19 The health administrative department must verify the reported information without delay. The material reported must include a diagnosis issued by a designated professional health organ.

Article 20 The nationwide information about AIDS incidence shall be released by the Ministry of Public Health.

Article 21 No unit or person may discriminate against AIDS victims, AIDS virus carriers or their relatives. No information about the victims such as their names, addresses, etc. shall be made public.

Article 22 Every unit or person must follow the precautionary measures taken by the health department for the purpose of preventing and checking the incidence of AIDS.

Article 23 When a hygiene organ, medical treatment organ or health organ has found a person who belongs to the category of people defined in Item (1) of Article 2 of these Provisions, it must place the person in isolation and send him/her to a hospital designated by the health administrative department for medical treatment.

Article 24 When a hygiene organ, medical treatment organ or health organ has found a person who belongs to the category of people defined in Item (2) or (3) of Article 2 of these Provisions, some or all of the following measures must be taken according to the prevention requirements: (1) detention for physical check up; (2) restriction on movement; (3) medical observation; (4) regular or irregular medical visits.

Article 25 The dead body of an AIDS victim or an AIDS virus carrier must be cremated locally.

Article 26 The units or individuals concerned shall, under the supervision and guidance of the health and prevention organ, exercise disinfection to the secretion, excretion of AIDS victims or AIDS virus carriers, and the articles and places, which they have come into contact with and which might have been contaminated. If necessary, the disinfection shall be conducted by the health and prevention organ itself.

Article 27 When the hygiene, medical treatment or health organs perform their duties as stipulated in Articles 23 and 24 of these Provisions, the public security organs and other units concerned shall offer assistance.

Article 28 Any unit or person that has committed any one of the following acts in violation of the Provisions shall be punished by the health administrative department in the form of a fine of no less than CNY 50 and no more than CNY 3,000 and shall be forced to take precaution, treatment and disinfection measures: (1) conceal the case of AIDS and evade examination; (2) spread AIDS with awareness that there exist AIDS cases or AIDS virus carriers; (3) withhold from declaring articles brought in at the time of entry as defined in Item (4) of Article 2 of these Provisions; (4) refuse to carry out the precaution and control measures against the spread of AIDS as defined in Articles 23, 24, 25 and 26 of these Provisions.

Article 29 For any violation of these Provisions that has resulted in the spread of AIDS or the danger of spreading AIDS, criminal responsibility shall be investigated by the judicial organs according to law.

Article 30 For the purpose of these Provisions, the definitions of the following terms are: (1) "AIDS" means acquired immunity deficiency syndrome.

(2) "AIDS victim" means a person whose reaction to AIDS virus antibody is positive and clinically a conditioned infection or malignant tumour is diagnosed.

(3) "AIDS virus carrier" means a person whose reaction to AIDS virus antibody is positive but with no symptoms of AIDS or without enough symptoms to be diagnosed as AIDS victim.

(4) "foreign national" means a person who does not have Chinese nationality as defined in "The Nationality Law of the People's Republic of China." Article 31 A fee shall be charged, according to relevant regulations, for the service of taking prevention measures and giving medical treatment or examination.

Article 32 The right to interpret these Provisions resides in the Ministry of Public Health.

Article 33 These Provisions shall go into effect as of the date of promulgation.